Legal Question in Disability Law in California
Alcoholism under the ADA
Does the Americans with Disabilities Act (ADA) cover alcoholics?
Asked on 1/08/98, 4:21 am
1 Answer from Attorneys
Bahman Eslamboly
Eslamboly & Barlavi
The Americans with Disabilities Act (ADA) covers alcoholics.
Yes. For purposes of the ADA, an alcoholic is treated as a person with a disability and is protected by the Act is he/she is qualified to perform the essential functions of the job. However, an alcoholic is not completely immune from discipline, discharge or denial of employment where his/her use of alcohol adversely impacts job performance or conduct. Additionally, an employer can prohibit the use of alcohol on the job.
Answered on 1/08/98, 4:21 am